Skip to content
Open global navigation

Cambridge University Press

AcademicLocation selectorSearch toggleMain navigation toggle
Cart
Register Sign in Wishlist

Direct Democracy and the Courts

$28.99

textbook
  • Date Published: August 2009
  • availability: In stock
  • format: Paperback
  • isbn: 9780521747714

$28.99
Paperback

Add to cart Add to wishlist

Other available formats:
Hardback, eBook


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders – the people, through direct democracy, and the courts. Introduced in the U.S. during the Progressive Era and now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the “people’s rule” is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.

    • Analyzes the conflict between direct democracy and the judicial power in the United States
    • Provides the most authoritative, empirically-based analysis of the judicial check on direct democracy
    • Explains how, at the state level, citizens can use direct democracy to limit judicial power
    Read more

    Reviews & endorsements

    “Miller’s Direct Democracy and the Courts is a probing, well-researched, instructive, and much-needed assessment of the new politics pitting direct democracy initiative activists against the often countervailing forces of state and federal courts.”
    – Thomas E. Cronin, Colorado College, author of Direct Democracy: The Politics of Initiative, Referendum and Recall

    “Courts play an increasingly central role in initiative politics, at both the qualification and post-election stages of the process. Initiative activists frequently bemoan this development and initiative critics generally welcome it, but outside of law reviews there has been depressingly little scholarly attention paid to it. Finally, with the publication of Ken Miller’s book, we at last have a careful empirical study of the relationship between courts and direct democracy. This original and gracefully written book deserves to be widely read not only by scholars but by all citizens who live in states blessed (or cursed) with the initiative process.”
    – Richard Ellis, Mark O. Hatfield Professor of Politics, Willamette University

    “I think this is going to be the standard work on the relationship between the judiciary and direct democracy for a long time to come. Miller combines careful scholarship of legal issues and the judiciary with an impressive understanding of initiative politics – it is a fine piece of scholarship.”
    – Shaun Bowler, Department of Political Science, University of California, Riverside

    Direct Democracy and the Courts is a timely and important contribution, unveiling the inherent tension between popular sovereignty as expressed by citizen lawmakers and the counter-majoritarian check of the judiciary. Scholars – as well as activists battling over ballot initiatives, such as California’s Proposition 8 and other gay marriage measures – would be wise to read Miller’s crisply reasoned and well-documented book.”
    – Daniel A. Smith, University of Florida, author of Tax Crusaders and the Politics of Direct Democracy and Educated by Initiative

    "An especially fine analysis...Superb scholarship. Highly recommended."
    -CHOICE, R. J. Steamer, University of Massachusetts at Boston

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: August 2009
    • format: Paperback
    • isbn: 9780521747714
    • length: 286 pages
    • dimensions: 234 x 155 x 17 mm
    • weight: 0.41kg
    • contains: 8 b/w illus.
    • availability: In stock
  • Table of Contents

    Introduction: a clash of rising powers: Part I. The Quest for Majority Rule:
    1. The epic debate
    2. Direct democracy gathers force
    Part II. Countering the Majority:
    3. The counter-majoritarian power
    4. The courts at work
    5. Conflicts over rights
    6. Conflicts over powers
    Part III. The Majority Strikes Back:
    7. The people's check on the courts
    Conclusion: a new constitutional equilibrium
    Appendix.

  • Author

    Kenneth P. Miller, Claremont McKenna College, California
    Kenneth P. Miller is associate professor of Government at Claremont McKenna College in California. He holds a B.A. from Pomona College, a J.D. from Harvard Law School, and a Ph.D. from the University of California at Berkeley. His most recent publication is a volume co-edited with Frédérick Douzet and Thad Kousser titled The New Political Geography of California (2008). He has published articles on topics including the initiative process, the recall of California governor Gray Davis, and the federal Voting Rights Act. He has also served as a political analyst in various media outlets, including National Public Radio, BBC World Service Radio, the Los Angeles Times, and the San Francisco Chronicle.

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email cflack@cambridge.org

Register Sign in
Please note that an additional password is required to open the solutions file once you have downloaded it. Contact collegesales@cambridge.org for this password.

» Proceed

You are now leaving the Cambridge University Press website, your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Find content that relates to you

© Cambridge University Press 2014

Back to top

Are you sure you want to delete your account?

This cannot be undone.

Cancel Delete

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×